81 FR 1964 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest

INTERNATIONAL TRADE COMMISSION

Federal Register Volume 81, Issue 9 (January 14, 2016)

Page Range		1964-1965
FR Document		2016-00582

Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Surgical Stapler Devices and Components Thereof, DN 3112; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing under section 210.8(b) of the Commission's Rules of Practice and Procedure (19 CFR 210.8(b)).

Federal Register, Volume 81 Issue 9 (Thursday, January 14, 2016)

[Federal Register Volume 81, Number 9 (Thursday, January 14, 2016)]
[Notices]
[Pages 1964-1965]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00582]


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INTERNATIONAL TRADE COMMISSION


Notice of Receipt of Complaint; Solicitation of Comments Relating 
to the Public Interest

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission has received a complaint entitled Certain Surgical Stapler 
Devices and Components Thereof, DN 3112; the Commission is soliciting 
comments on any public interest issues raised by the complaint or 
complainant's filing under section 210.8(b) of the Commission's Rules 
of Practice and Procedure (19 CFR 210.8(b)).

FOR FURTHER INFORMATION CONTACT: Lisa R. Barton, Secretary to the 
Commission, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436, telephone (202) 205-2000. The public version of 
the complaint can be accessed on the Commission's Electronic Document 
Information System (EDIS) at EDIS,\1\ and will be available for 
inspection during official business hours (8:45 a.m. to 5:15 p.m.) in 
the Office of the Secretary, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436, telephone (202) 205-2000.
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    \1\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    General information concerning the Commission may also be obtained 
by accessing its Internet server at United States International Trade 
Commission (USITC) at USITC.\2\ The public record for this 
investigation may be viewed on the Commission's Electronic Document 
Information System (EDIS) at EDIS.\3\ Hearing-impaired persons are 
advised that information on this matter can be obtained by contacting 
the Commission's TDD terminal on (202) 205-1810.
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    \2\ United States International Trade Commission (USITC): http://edis.usitc.gov.
    \3\ Electronic Document Information System (EDIS): http://edis.usitc.gov.

SUPPLEMENTARY INFORMATION: The Commission has received a complaint and 
a submission pursuant to section 210.8(b) of the Commission's Rules of 
Practice and Procedure filed on behalf of Covidien LP on January 8, 
2016. The complaint alleges violations of section 337 of the Tariff Act 
of 1930 (19 U.S.C. 1337) in the importation into the United States, the 
sale for importation, and the sale within the United States after 
importation of certain surgical stapler devices and components thereof. 
The complaint names as a respondent Chongqing QMI Surgical Co., Ltd of 
China. The complainant requests that the Commission issue a limited 
exclusion order and a cease and desist order.
    Proposed respondents, other interested parties, and members of the 
public are invited to file comments, not to exceed five (5) pages in 
length, inclusive of attachments, on any public interest issues raised 
by the complaint or section 210.8(b) filing. Comments should address 
whether issuance of the relief specifically requested by the 
complainant in this investigation would affect the public health and 
welfare in the United States, competitive conditions in the United 
States economy, the production of like or directly competitive articles 
in the United States, or United States consumers.
    In particular, the Commission is interested in comments that:
    (i) Explain how the articles potentially subject to the requested 
remedial orders are used in the United States;
    (ii) identify any public health, safety, or welfare concerns in the 
United States relating to the requested remedial orders;
    (iii) identify like or directly competitive articles that 
complainant, its licensees, or third parties make in the United States 
which could replace the subject articles if they were to be excluded;
    (iv) indicate whether complainant, complainant's licensees, and/or 
third party suppliers have the capacity to replace the volume of 
articles potentially subject to the requested exclusion order and/or a 
cease and desist order within a commercially reasonable time; and
    (v) explain how the requested remedial orders would impact United 
States consumers.
    Written submissions must be filed no later than by close of 
business, eight calendar days after the date of publication of this 
notice in the Federal Register. There will be further opportunities for 
comment on the public interest after the issuance of any final initial 
determination in this investigation.
    Persons filing written submissions must file the original document 
electronically on or before the deadlines stated above and submit 8 
true paper copies to the Office of the Secretary by noon the next day 
pursuant to section 210.4(f) of the Commission's Rules of Practice and 
Procedure (19 CFR 210.4(f)). Submissions should refer to the docket 
number (``Docket No. 3112'') in a prominent place on the cover page 
and/or the first page. (See Handbook for Electronic Filing Procedures, 
Electronic Filing Procedures \4\). Persons with questions regarding 
filing should contact the Secretary (202-205-2000).
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    \4\ Handbook for Electronic Filing Procedures: http://www.usitc.gov/secretary/fed_reg_notices/rules/handbook_on_electronic_filing.pdf.
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    Any person desiring to submit a document to the Commission in 
confidence must request confidential

[[Page 1965]]

treatment. All such requests should be directed to the Secretary to the 
Commission and must include a full statement of the reasons why the 
Commission should grant such treatment. See 19 CFR 201.6. Documents for 
which confidential treatment by the Commission is properly sought will 
be treated accordingly. All nonconfidential written submissions will be 
available for public inspection at the Office of the Secretary and on 
EDIS.\5\
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    \5\ Electronic Document Information System (EDIS): http://edis.usitc.gov.
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    This action is taken under the authority of section 337 of the 
Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 
and 210.8(c) of the Commission's Rules of Practice and Procedure (19 
CFR 201.10, 210.8(c)).

    By order of the Commission.

     Issued: January 8, 2016.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2016-00582 Filed 1-13-16; 8:45 am]
BILLING CODE 7020-02-P

Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Notices 1965

treatment. All such requests should be Registration No. 2,639,419 (‘‘the ’419 importation of certain electronic devices
directed to the Secretary to the Mark’’). The amended complaint further containing strengthened glass and
Commission and must include a full alleges that an industry in the United packaging thereof by reason of
statement of the reasons why the States exists as required by subsection infringement of the ’419 Mark, and
Commission should grant such (a)(2) of section 337. whether an industry in the United
treatment. See 19 CFR 201.6. Documents The complainant requests that the States exists as required by subsection
for which confidential treatment by the Commission institute an investigation (a)(2) of section 337.
Commission is properly sought will be and, after the investigation, issue a
(2) For the purpose of the
treated accordingly. All nonconfidential limited exclusion order and a cease and
desist order. investigation so instituted, the following
written submissions will be available for are hereby named as parties upon which
public inspection at the Office of the ADDRESSES: The amended complaint,
this notice of investigation shall be
Secretary and on EDIS.5 except for any confidential information
served:
This action is taken under the contained therein, is available for
authority of section 337 of the Tariff Act inspection during official business (a) The complainant is: Saxon Glass
of 1930, as amended (19 U.S.C. 1337), hours (8:45 a.m. to 5:15 p.m.) in the Technologies, Inc., 200 N. Main Street,
and of sections 201.10 and 210.8(c) of Office of the Secretary, U.S. Alfred, NY 14802.
the Commission’s Rules of Practice and International Trade Commission, 500 E (b) The respondent is the following
Procedure (19 CFR 201.10, 210.8(c)). Street SW., Room 112, Washington, DC entity alleged to be in violation of
By order of the Commission. 20436, telephone (202) 205–2000. section 337, and is the party upon
Hearing impaired individuals are which the amended complaint is to be
Issued: January 8, 2016.
advised that information on this matter served: Apple Inc., 1 Infinite Loop,
Lisa R. Barton,
can be obtained by contacting the Cupertino, CA 95014.
Secretary to the Commission. Commission’s TDD terminal on (202)
[FR Doc. 2016–00582 Filed 1–13–16; 8:45 am] (c) The Office of Unfair Import
205–1810. Persons with mobility
BILLING CODE 7020–02–P impairments who will need special Investigations, U.S. International Trade
assistance in gaining access to the Commission, 500 E Street SW., Suite
Commission should contact the Office 401, Washington, DC 20436; and
INTERNATIONAL TRADE of the Secretary at (202) 205–2000. (3) For the investigation so instituted,
COMMISSION General information concerning the the Chief Administrative Law Judge,
[Investigation No. 337–TA–981] Commission may also be obtained by U.S. International Trade Commission,
accessing its internet server at http:// shall designate the presiding
Certain Electronic Devices Containing www.usitc.gov. The public record for Administrative Law Judge.
Strengthened Glass and Packaging this investigation may be viewed on the Responses to the amended complaint
Thereof; Institution of Investigation Commission’s electronic docket (EDIS) and the notice of investigation must be
at http://edis.usitc.gov. submitted by the named respondent in
AGENCY: U.S. International Trade
FOR FURTHER INFORMATION CONTACT: The accordance with section 210.13 of the
Commission.
Office of Unfair Import Investigations, Commission’s Rules of Practice and
ACTION: Notice. U.S. International Trade Commission, Procedure, 19 CFR 210.13. Pursuant to
SUMMARY: Notice is hereby given that a telephone (202) 205–2560. 19 CFR. 201.16(e) and 210.13(a), such
complaint was filed with the U.S. Authority: The authority for institution of responses will be considered by the
International Trade Commission on this investigation is contained in section 337 Commission if received not later than 20
November 10, 2015, under section 337 of the Tariff Act of 1930, as amended, and days after the date of service by the
in section 210.10 of the Commission’s Rules Commission of the amended complaint
of the Tariff Act of 1930, as amended, of Practice and Procedure, 19 CFR 210.10
19 U.S.C. 1337, on behalf of Saxon Glass (2015).
and the notice of investigation.
Technologies, Inc. of Alfred, New York. Extensions of time for submitting
An amended complaint was filed on Scope of Investigation: Having responses to the amended complaint
December 24, 2015. The amended considered the amended complaint, the and the notice of investigation will not
complaint alleges violations of section U.S. International Trade Commission, be granted unless good cause therefor is
337 based upon the importation into the on January 7, 2016, ordered that— shown.
United States, or in the sale of certain (1) Pursuant to subsection (b) of Failure of the respondent to file a
electronic devices containing section 337 of the Tariff Act of 1930, as timely response to each allegation in the
strengthened glass and packaging amended, an investigation be instituted amended complaint and in this notice
thereof, by reason of common law to determine: may be deemed to constitute a waiver of
trademark infringement and dilution, (a) Whether there is a violation of the right to appear and contest the
the threat or effect of which is to destroy subsection (a)(1)(A) of section 337 based allegations of the amended complaint
or substantially injure an industry in the upon the importation into the United and this notice, and to authorize the
United States. The amended complaint States, or in the sale of certain electronic administrative law judge and the
further alleges violations of section 337 devices containing strengthened glass
Commission, without further notice to
based upon the importation into the and packaging thereof, by reason of
the respondent, to find the facts to be as
United States, the sale for importation, common law trademark infringement or
alleged in the amended complaint and
mstockstill on DSK4VPTVN1PROD with NOTICES

and the sale within the United States dilution, the threat or effect of which is
this notice and to enter an initial
after importation of certain electronic to destroy or substantially injure an
determination and a final determination
devices containing strengthened glass industry in the United States; and
(b) whether there is a violation of containing such findings, and may
and packaging thereof by reason of result in the issuance of an exclusion
infringement of U.S. Trademark subsection (a)(1)(C) of section 337 based
upon the importation into the United order or a cease and desist order or both
5 Electronic Document Information System States, the sale for importation, or the directed against the respondent.
(EDIS): http://edis.usitc.gov. sale within the United States after By order of the Commission.

VerDate Sep<11>2014 18:58 Jan 13, 2016 Jkt 238001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\14JAN1.SGM 14JAN1

Document Created: 2016-01-14 02:50:42
Document Modified: 2016-01-14 02:50:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at EDIS,\1\ and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.
FR Citation		81 FR 1964